What is neighboring right and how does the law stipulate neighboring right?

The definition of neighboring right is: neighboring right is a right based on neighboring relationship, which refers to the right and obligation relationship between two or more neighboring real estate owners and users due to the exercise of rights on their own or occupied real estate. China's laws stipulate that the neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of convenient production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. I sorted out the relevant content for you. Welcome to browse. Thank you.

What is neighboring right and how does the law stipulate neighboring right?

1. What is neighboring right and how does the law stipulate neighboring right?

A: Neighborhood right is a right based on neighboring relationship. Adjacency refers to the relationship of rights and obligations between two or more adjacent owners and users of real estate due to the exercise of rights on their own or occupied real estate.

The Civil Law of People's Republic of China (PRC) stipulates that the neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of convenient production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. If obstacles and losses are caused to the adjacent parties, the infringement shall be stopped, obstacles removed and losses compensated.

2. What aspects should be paid attention to when suing for infringement of neighboring rights such as lighting rights and ventilation rights?

A: First, collect and keep the evidence of infringement of the other party in time, such as relevant photos and videos; Second, you should file a lawsuit within the statute of limitations. The limitation of action against neighboring rights is 3 years, counting from the time when you know or should know that your rights have been infringed, otherwise you will lose the right to request legal protection.

3. How to claim for the damage caused by the noise pollution of the other party?

Answer: When citizens are damaged by noise pollution, they have the right to ask the construction unit or the construction unit or the unit to which the project belongs that produces noise to take measures such as limiting working hours, stopping construction at night or taking sound insulation and noise elimination measures to reduce or eliminate the harm of noise pollution. If noise pollution is damaged, including property loss caused by strong noise vibration or economic loss caused by disease, it may be required to compensate reasonable expenses.

I am a farmer, and the land I planted is located in the innermost part of several plots. When the drainage passes, I have to pass through other people's land, so disputes often occur. I would like to ask, how can I safeguard my legitimate rights and interests on this issue?

A: First of all, it is certain that you can drain water through other people's land; However, you should use it within the necessary limits and take appropriate protective measures to drain water. If losses are caused to others, reasonable compensation shall be made.

If other reasonable measures can be taken to drain water without taking it, and the drainage damages other people's land or may damage other people's property, others have the right to ask you to stop the infringement, eliminate the danger, restore the original state and compensate for the losses.

If the land used by the neighboring party must be allowed to pass, permission should be given; Therefore, if losses are caused, you should compensate the other party.

5. Do others have the right to divert the roads formed in history?

Answer: The owner or user shall not block the historically formed passage in the building owned or used by one party. If the blockage affects the production and life of others, and others demand to remove the blockage or restore it to its original state, they should support it. However, if conditions permit, another channel can be opened.

6. Are there any restrictions on the use of land by neighboring parties of real estate?

A: Yes, if neighboring parties dig ditches, pools, cellars, etc. On the land it uses, or the roots and branches of bamboo and wood planted extend, endangering the safety and normal use of the other building, it shall be ordered to eliminate the danger, restore to the original state, and compensate for the losses according to the circumstances.

7. I bought a new commercial house, and I am going to change the structure of the house to facilitate my own decoration, but I heard that there are restrictive regulations on decoration. How are they stipulated?

Answer: The following acts are prohibited in residential interior decoration activities:

(a) without the consent of the original design unit or the design unit with corresponding qualification grade, changing the main body and load-bearing structure of the building;

(2) Changing rooms or balconies without waterproof requirements into bathrooms and kitchens;

(3) expanding the original size of doors and windows of the load-bearing wall and removing the brick-concrete wall connected with the balcony;

(four) damage to the original energy-saving facilities of the house, reducing the energy-saving effect;

(five) other acts that affect the safety of building structure and use.

8. I want to decorate my house. Do you still need to register with the relevant departments for renovation?

A: You should report to the property management department or the housing management agency for registration before the renovation project starts, and you should also inform your neighbors before the construction. As a property management department, it should inform you and the decoration unit entrusted by you of the prohibited behavior and matters needing attention in residential interior decoration engineering. You or the decoration unit shall sign a residential interior decoration management service agreement with the property management department to clarify the rights and obligations of both parties.

9. How should the neighboring parties of real estate deal with the problem of infringement of others' interests caused by decoration?

A: It is the right of every citizen to decorate his own house, but the decoration cannot harm the legitimate rights and interests of others. In the process of decoration, if others have destructive decoration, and their decoration behavior damages the legitimate rights and interests of the other party, the victim may ask the property management department or the housing management department to deal with it. If mediation fails, a lawsuit may be brought to the people's court.

10. Every rainy day, my apartment drips as soon as it goes upstairs, which causes great inconvenience to my home and some economic losses to me. What should I do?

Answer: When dealing with disputes over dripping water from neighboring houses, we must first make clear who is at fault. If the party at fault causes damage to the other party, it shall be ordered to remove the obstruction and compensate for the losses.

Neighborhood right clearly stipulates the division of interests between neighbors, and the provisions can give a clear way to deal with the disputes between most neighbors in life, which can solve many civil disputes compared with the past. It should be noted that if neighbors can reach an agreement on some disputes, it is not necessary to completely copy the provisions of the law and need to be handled flexibly.